in reply to Copyright conflicts?
If you know or have a strong reason to believe that you are about to violate someone's patent, stop, think, think again, think some more, and keep on thinking until you lose interest in doing something that might bankrupt you. Right and wrong are nice principles to live by, but they don't really mean much in court.
Oh, yeah, your question and a direct response: It doesn't matter how you license or don't license a patent infringing work. The judge won't even care to know about the license, because the question to be decided is whether or not your work violated a patent. If you want to fight the system because it is unjust and you don't mind risking bankruptcy to do it, more power to you and we all hope you succeed -- but if you're just trying to make a living (or score geek points) and don't want a potentially capricious court to decide your fate, pick something else to do with your time.